Decisões Sumárias nº 180/06 de Tribunal Constitucional (Port, 24 de Março de 2006
Magistrado Responsável | Cons. Fernanda Palma |
Data da Resolução | 24 de Março de 2006 |
Emissor | Tribunal Constitucional (Port |
DECISÃO SUMÁRIA N.º 180/06
Processo nº 257/2006 2ª Secção
Relatora: Conselheira Maria Fernanda Palma
Decisão sumária ao abrigo do disposto no artigo 78º-A da Lei do Tribunal Constitucional
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Nos presentes autos de fiscalização concreta da constitucionalidade, em que figura como recorrente o Ministério Público e como recorrido A., o Tribunal do Trabalho de Braga, por decisão de 18 de Outubro de 2005, entendeu não aplicar por inconstitucional o art. 74º do DL nº 143/90, de 30 de Abril (na redacção do DL nº 382-A/99, de 22 de Setembro), interpretado no sentido de impor, independentemente da vontade do titular, a remição obrigatória total de pensões vitalícias atribuídas por incapacidades parciais permanentes nos casos em que esta excedam 30%.
O Ministério Público interpôs recurso obrigatório, ao abrigo do artigo 70º, nº 1, alínea a), da Lei do Tribunal Constitucional, para apreciação da conformidade à Constituição da norma do artigo 74º do Decreto-Lei n.º 143/99, de 30 de Abril, na interpretação cuja aplicação o tribunal recorrido recusou.
Cumpre apreciar.
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A questão que constitui objecto do presente recurso de constitucionalidade já foi apreciada pelo Tribunal Constitucional. Com efeito, no Acórdão nº 1/06 (www.tribunalconstitucional.pt), o Tribunal Constitucional declarou a inconstitu-cionalidade com...
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